T.W. Phillips Pipeline Corp.

Original Volume No. 1

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Effective Date: 01/01/2010, Docket: RP10-141-000, Status: Effective

Original Sheet No. 81 Original Sheet No. 81

 

GENERAL TERMS AND CONDITIONS

(Continued)

 

 

28.5 Transporter shall not be liable to Shipper or any other person with respect to

the quality or quantities of natural gas delivered hereunder, including without

limitation the heating value, water content or other impurities unless such

quality degradation was caused directly by the gross negligence or willful mis-

conduct of Transporter, or the title to the natural gas transported, nor shall

Transporter be responsible for, or liable to, Shipper or any other party with

respect to the balancing of gas quantities, hereunder, which shall be the sole

responsibility and obligation of Shipper.

 

28.6. Disclaimer, Indemnification. With respect to the natural gas being transported

pursuant to this Tariff, Transporter makes no representations or warranties as to

the merchantability or fitness for a particular purpose, expressed or implied, by

operation of law or otherwise, of such natural gas. Each of Transporter and

Shipper agrees to indemnify, defend, reimburse and hold harmless the other party,

and its affiliated companies, directors, officers, shareholders, employees,

agents, and other representatives from and against any and all liability, loss,

damage or penalties (including reasonable attorneys’ fees and costs of court)

they may suffer, sustain or incur arising out of any breach by such party of any

of its covenants, representations and warranties, or any other terms and condi-

tions of this agreement, including, without limitation, with respect to the

pressures, quality, title to, or balancing of the natural gas transported here-

under, regardless of whether attributable to, or relating to, the sole, joint or

concurrent negligence, strict liability or other fault or responsibility of such

party, such other party or any other person, provided, however, that such other

party shall not be entitled to indemnification hereunder with regard to that

portion of the claimed liability, loss or damage which is attributable to such

other party’s own sole, joint or concurrent negligence.

 

28.7. Limitation on Damages. Notwithstanding anything to the contrary in this Tariff,

none of Shipper, Transporter or an of their respective affiliates shall be

entitled to punitive, loss of profits or other business interruption damages, or

other consequential, incidental, special or exemplary damages in connection with

this Tariff and the transactions contemplated hereby, whether by statute, in tort

or contract, under any indemnity provision or otherwise, and each of Shipper and

Transporter for itself and on behalf of its affiliates, hereby expressly waives

any such right. If no remedy or measure of damages is expressly provided herein,

a Party’s liability shall be limited to direct actual damages only, which shall

be the sole and exclusive remedy hereunder, and all other remedies or damages at

law or in equity are hereby waived.